Sapna Gupta vs. State Of U.P And Another
Original PDF →WTAX/4757/2025HC AllahabadGSTCNR UPHC01495773202521 September 20252 pages
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Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 4757 of 2025
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Ms. Vedika Nath, learned counsel appearing on behalf of the
petitioner and Sri Nimai Das, Additional Chief Standing Counsel appearing
on behalf of the State.
2. This is a writ petition under Article 226 of the Constitution of India
wherein the petitioner is aggrieved by the order dated 31.01.2023 passed by
the respondent No.2/Commercial Tax Officer, Sector-1, State Tax,
Kanpur(A), under Section 74 of the Uttar Pradesh Goods and Services Tax
Act, 2017 (hereinafter referred to as "the Act").
3. Factual matrix in the matter is that the petitioner's registration under the
Act was cancelled on 16.04.2022. Subsequent to the same, no business was
carried out by the petitioner. It appears that a show cause notice was
uploaded on the GST portal and subsequent to the same the petitioner filed
their reply and the order impugned was passed under Section 73 of the Act.
The petitioner came to know about the issuance of the impugned order dated
17.08.2024 when notice in Form GST DRC-13, dated 21.06.2025, was
issued to their banker and the banker informed the petitioner vide letter dated
11.07.2025.
4. Once the registration has been cancelled, the petitioner is not obligated to
check GST portal. The mode of service of any order has to be by way of
alternative means to the petitioner.
5. Counsel appearing on behalf of the petitioner relies upon an order passed
by the coordinate Bench of this Court in M/s Katyal Industries v. State of
Versus
Counsel for Petitioner(s)
:
Vedika Nath, Yashonidhi Shukla
Counsel for Respondent(s)
:
C.S.C.
Sapna Gupta
.....Petitioner(s)
State Of U.P And Another
.....Respondent(s)
U.P. and others, Neutral Citation No.2024:AHC:23697-DB. We are
essentially in agreement with the said principle enunciated by the coordinate
Bench in the said order.
6.
We find that there has been violation of the principle of natural justice, and accordingly, the impugned order dated 30.01.2023 passed by the respondent No.2 is quashed and set aside. The department shall be at liberty to issue a proper notice to the petitioner and act in accordance with law.
7.
With the above direction, the writ petition is disposed of.
September 22, 2025 Sanjeet WTAX No. 4757 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) SANJEET KUMAR YADAV High Court of Judicature at Allahabad
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.